It is the purpose of this Article to create
a procedure by which the Board of Trustees may designate contiguous
lots and buildings in a nonresidential zoning district as a design
district so that a design development plan may be adopted and implemented
so that the property within that area may be improved in a planned
and unified manner.[1]
A.
Adoption. The Board of Trustees may, in accordance
with the procedures hereinafter set forth, designate a design district
outside any residential use zoning district and adopt a design development
plan for such design district. Such district must include no less
that 60 feet of building frontage comprised either of contiguous properties
or properties facing across a public street or sidewalk.
B.
Such a design development plan may be proposed either
by the Board or by more than 50% of the owners of property within
the proposed design district. Once such a plan has been proposed,
the Board may, after due notice and public hearing, adopt a design
development plan for such district. In developing a design development
plan, the Board shall be governed by the following standards:
(1)
Whenever feasible, existing trees, lawn and
shrubs will be preserved or enhanced so as to maximize green space.
(2)
Pedestrian activity will be encouraged in areas
where commerce and public safety make it most desirable.
(3)
Whenever feasible, utilities will be underground.
(4)
Building facade will respect the architectural
lines of buildings.
(5)
Whenever feasible, stone or masonry will be
unpainted.
(6)
Buildings will respect the scale of other buildings
within the design district.
(7)
One or more elements, such as awning treatment,
color material schemes or lettering style, will provide unity and
continuity within the district so that the district will have a coherent
and recognizable design character.
(8)
The treatment of any signs or attracting devices within the district will achieve the same or greater levels of performance and protection as the provisions of Article XIII.
(9)
The resulting design district will be compatible
with adjacent properties and not excessively similar or dissimilar
to other design districts within the Village so that the result is
an aggregation of compatible yet individual design districts.
C.
Contents.
(1)
Such plan shall contain the following elements:
(a)
Description, including location and design,
of improvements, such as trees, benches, tables, lighting standards,
paving, landscaping, to be located in or over public streets and sidewalks.
(b)
Description and rendering of elements of design
units within such district. Such elements may include but are not
limited to the following:
[1]
Signs, including common or coordinated color,
texture, materials and letter schemes.
[2]
Awnings and canopies.
[3]
Banners.
[4]
Lighting.
[5]
Landscaping.
[6]
Common or coordinated color, material or textural
schemes.
[7]
Window displays.
[8]
Architectural details.
[9]
Attracting devices.
[10]
Utilities.
(2)
Such plan may consist of detailed drawings,
plans and specifications for design units as well as written requirements,
but may not require extensive alteration in the structure or interior
of a building within the unit (other than window displays).
D.
Conformity. Within the period specified in any design
development plan for any design district, all design units shall be
made to conform to its requirements. After such conformity has been
achieved, no change in any design unit subject to the plan (except
for normal maintenance) shall be commenced without a permit issued
by the Board of Trustees.
E.
Financing proposal.
(1)
The Board of Trustees may, after holding a public
hearing, adopt a financing proposal for any designated design district
for which a design development plan has been adopted. A financing
proposal shall consist of a plan which sets forth those improvements
and decorative enhancements contained in the design development plan
which are to be paid for wholly by the Village, wholly by benefit
assessment or partly by each. The Board of Trustees shall adopt a
financing proposal only after public notice in the official newspaper
that a hearing will be held on the financing proposal, not less than
10 days after the first publication of such notice, to consider the
same, and after said hearing the Board of Trustees may adopt the financing
proposal.
(2)
If the financing proposal provides for payment
in whole or part by benefit assessment, then the Board of Trustees,
in adopting the financing proposal and in apportioning and assessing
the part of the expense to be raised by benefit assessment, shall
conform to the requirements for § 22-2200 of the Village
Law, the relevant provisions of the Local Finance Law and all other
applicable provisions of law.
(3)
In the event that the financing proposal provides
for payment in whole or part by benefit assessment, then it shall
become effective only if the Mayor files with the Village Clerk within
90 days after the adoption of the financing proposal by the Board
of Trustees a petition consenting to the financing proposal containing
the notarized signatures of more than 50% of the owners of real property
within the design district.
(4)
The Board of Trustees, in adopting a financing
proposal, may include within it a provision for the Village's condemnation
of such real property or interest therein, including, but not limited
to, surface rights on a storefront for the connection of any awning
and/or the rights to the facade of any such storefront, of any premises
located within the design district. In providing for condemnation,
the Board of Trustees shall specify the provisions of law pursuant
to which said condemnation shall proceed.
